- (1.) The appellant filed an application under Section 33 of the Arbitration Act, 1940 challenging the existence and validity of the arbitration clause forming part of lease agreement entered into between the first respondent and the appellant Company.
(2.) The application was filed before the High Court of Delhi and the matter was dealt with by the learned single Judge. The learned Judge raised several issues to be considered in the matter. So far as the present matter is concerned, it is not necessary for us to examine other aspects of the matter except to concentrate on the question of limitation and that issue reads as follows : "Whether the claim of the petitioner and the petition under Section 33 of the Arbitration Act is barred by limitation
(3.) On this aspect of the matter the learned single Judge held that Article 137 of the Limitation Act would be attracted and that the period would commence when the right to apply under Section 33 would accrue and recorded a finding that the application was filed in the month of March 1993 which is a period beyond the period of 3 years from the several dates referred to by the learned Judge. Firstly, he referred to certain claims made towards rent and certain legal notices exchanged between the parties.;